Sikkim Court May 1981 Judgments

Nima Tshering Bhutia and anr. Vs. State of Sikkim

Court: Sikkim

Reported in: 1981CriLJ1391

A.M. Bhattacharjee, J.1. The appellants, having pleaded guilty to the. charges framed against them under Section 457/34 and Section 380/34 of the Penal Code by the Additional Ses sions Judge and having been convicted on such plea and sentenced to suffet rigorous imprisonment, for one year under the first charge and for two years for the second charge, have preferred this appeal,2. Under the provisions of Section 412, Criminal P. C. 1898, by which this State is still governed, where an accused person has pleaded guilty and has been convicted on such plea by any Court other than that of a Magistrate of the Second or the Third Class, 'there shall be no appeal except as to the extent or legality of the sentence'. But it is by now well-settled that though ordinarily in the case of a conviction on a plea of guilty, the conviction cannot be assailed in appeal and only the sentence can be interfered with if it is excessive or illegal, yet if the facts alleged or disclosed by the prosecution in...